Skip Navigation

 
The Florida Bar
www.floridabar.org


OPINION 78-10
November 25, 1980
It is permissible for an attorney to purchase a yellow page listing in a local telephone directory that is not prepared by the local telephone company.

CPR: DR 2-101, DR 2-102, DR 2-102(A)(5), EC 2-1 through EC 2-15
Opinions: 74-28, ABA Opinion 325
Cases: The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980).

Mr. Livingston stated the opinion of the committee:

An attorney inquires regarding the propriety of purchasing a yellow page listing in a local telephone directory that is not prepared by the local telephone company. Our opinion is that it is now permissible for an attorney to purchase a yellow page listing in a local telephone directory that is not prepared by the local telephone company.

Our opinion is based upon the recent modifications to the Code of Professional Responsibility, as set forth in The Florida Bar re: Amendment to The Florida Bar Code of Professional Responsibility (Advertising), 380 So.2d 435 (Fla. 1980). This decision adopts new Disciplinary Rules 2-101 and 2-102, and new Ethical Considerations EC 2-1 through 2-15. Further, this decision effectively reverses Florida Ethics Opinion 74-28 [since withdrawn] in its interpretation of then DR 2-102(A)(5) of the Code of Professional Responsibility. Our prior opinion, Florida Ethics Opinion 74-28, followed ABA Opinion 325, issued in June 1968. Both our prior opinion and ABA Opinion 325 seem to be correct interpretations of then DR 2-102(A)(5). Disciplinary Rule 2-102 has changed though, and the prior opinions must fall. This inquiry appears to this Committee to fall directly within the arrangements clearly authorized by the Florida Advertising case. Therefore, this Committee answers the inquiry in the affirmative.




[Revised: 08-24-2011]